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Board of Supervisors of the County of San Luis Obispo

Board of Supervisors of the County of San Luis Obispo

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JUNE 6, 2006

PRESENTATION 9:00
PUBLIC COMMENT PERIOD
CONSENT AGENDA
REVIEW AND APPROVAL
ACTION AGENDA
HEARINGS
CLOSED SESSION 11:15
NOON RECESS 12:00
REPORT ON CLOSED SESSION 2:00
HEARINGS CONTINUED
ADJOURNMENT 4:05

The Board of Supervisors of the County of San Luis Obispo are now meeting in regular session. By Board resolution, business shall be conducted from 9:00 A.M. to 5:00 P.M. and public hearings are scheduled to start at 9:00 A.M. Additional information regarding any items listed on today's agenda can be obtained in the County Administrative Office. Packets are also available at the Atascadero, South County , Paso Robles, Nipomo, Morro Bay and SLO City/County Libraries and the SLO Law Library (1st floor Government Center , SLO). The Board of Supervisors’ weekly agenda and staff reports can be accessed at the following website www.countyofslo.org.

All persons desiring to speak on agenda items during Presentation, Consent Agenda, Public Hearing, Public Comment, Board Business, or prior to the Closed Session portion of the meeting, are asked to fill out a "Board Appearance Request Form", and provide it to the Clerk of the Board prior to the start of the Board item. Each individual speaker will be limited to a presentation total of three (3) minutes per person during the Consent Agenda and Public Comment period, and three (3) minutes per item addressed during Public Hearings.

FLAG SALUTE

   9:00 PRESENTATION

A-1 Presentation of the 2005 Instructor of the Year plaque to Timothy Harness, Fire Captain, from the San Luis Obispo County Training Officer’s Association. (RECOMMEND APPROVAL.)

   PUBLIC COMMENT PERIOD

Members of the public wishing to address the Board on matters other than scheduled items, may do so when recognized by the Chairperson. Individuals interested in speaking should fill out a “Board Appearance Request Form” located at the back of the Board Chambers and hand it to the Clerk of the Board. Presentations are limited to three minutes per individual.

   CONSENT AGENDA – REVIEW AND APPROVAL
The routine items listed on the consent portion of the agenda are scheduled for consideration as a group. Recommendations are shown for each item. Any Supervisor may request any item be withdrawn from the Consent Agenda to permit discussion or change the recommendation course of action.

I. CONSENT AGENDA

Unless an item is pulled for separate action by the Board, the following recommendations are approved without discussion.

Items Set for Hearing:

B-1 Introduction of a resolution to collect existing service charges on Property Tax Bills for the following County Service Areas: No. 1 (Old Galaxy and Tract 1690, Nipomo), No. 1-A (Galaxy Park and Tract 1898, Nipomo), No. 1-F (New Galaxy, Nipomo), No. 7-A (Oak Shores), No. 18 (San Luis Country Club Estates), and No. 21 (Cambria); All Districts. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR JUNE 27, 2006 AT 9:00 A.M.)

B-2 Introduction of a resolution to collect delinquent service charges on property tax bills for the following County Service Areas: No. 16 (Shandon – water Service), No. 23 (Santa Margarita Water Service), No. 10-A (Cayucos Water Service), No. 1 (Nipomo Sewer Service), No. 18 (San Luis Country Club Estates – Sewer/Waster Disposal) to the 2006-2007 County property tax bills; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CLERK TO GIVE NOTICE OF HEARING DATE SET FOR JULY 18, 2006 AT 9:00 A.M.)

Administrative Office Items:

B-3 Request to approve a budget adjustment in the amount of $11,890 from unanticipated revenues to Fund Center 331 – Fish and Game, professional and special services account. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-4 Request from the Office of Emergency Services to approve: 1) an extension of the 2003 Federal Homeland Security Grant to September 30, 2006; 2) a corresponding budget adjustment in the amount of $45,739 to the County Fire Budget, Fund Center 140, to purchase grant funded emergency equipment; and 3) a change order to add equipment to a purchase order for a mobile breathing support unit. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-5 Request from the Office of Emergency Services to: 1) authorize applying for Federal Fiscal Year 2006 Homeland Security Grant Program funds on behalf of the San Luis Obispo Operational Area; and 2) approve a related governing body resolution certification form. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Auditor-Controller Items:

B-6 Submittal of a cash procedures review of the County Board of Supervisors Office conducted on May 4, 2006. (RECOMMEND ITEM BE RECEIVED AND FILED.)

B-7 Submittal of a cash procedures review of the County Administrative Office conducted on May 4, 2006. (RECOMMEND ITEM BE RECEIVED AND FILED.)

B-8 Submittal of a cash procedures review of the County Clerk-Recorder ’s Office conducted on May 10, 2006 at the San Luis Obispo and Atascadero locations. (RECOMMEND ITEM BE RECEIVED AND FILED.)

Board of Supervisors Items:

B-9 Request by Board Members to allocate $2,614 from Community Project Funds (District Two - $50, District Three - $500, District Four - $2,063) to the City of Arroyo Grande Police Department Drug Abuse Resistance Education “DARE” Program for upgrades to the DARE vehicle. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-10 Request from Supervisor Achadjian to appoint Jeanne Miller-Romero to the Workforce Investment Board. (RECOMMEND APPROVAL.)

B-11 Request by Supervisor Achadjian to re-appoint Irina Starodubzew as the District Four representative to the Commission on the Status of Women. (RECOMMEND APPROVAL.)

Clerk-Recorder Items:

B-12 Request to approve the minutes of the Board of Supervisors meetings of April 4, 11 and 25, 2006. (RECOMMEND APPROVAL.)

B-13 Submittal of the certified statement of the Pension Trust Election indicating that only one candidate had filed for a vacancy and per Section 9 of the Rules of Election that candidate. Matt Kraut, shall be automatically elected. (RECOMMEND ITEM BE RECEIVED AND FILED.)

County Fire Items:

B-14 Request to approve an application for a Volunteer Fire Assistance Grant (VFA) to purchase new portable radios. (RECOMMEND APPROVAL.)

B-15 Request to approve an application for a grant from the Homeland Security Department, Assistance to Firefighters Grant program to assist with the purchasing of self contained breathing apparatus used during emergencies. (RECOMMEND APPROVAL.)

Health Agency Items:

B-16 Request from Public Health to approve an agreement (Clerk’s File) with the Economic Opportunity Commission of San Luis Obispo County Inc, to provide Public Health staff to provide adolescent pregnancy prevention services in the North County as outlined in the Community Challenge Grant in Fiscal Year 2005-2006. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-17 Request from Behavioral Health to approve a renewal contract (Clerk’s File) for Fiscal year 2006-2007 with Benjamin Hartwick to provide transcription services for the Psychiatric Health Facility. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-18 Request to approve a Fiscal Year 2006-2007 renewal contract (Clerk’s File) with the County Community College District to provide psychiatric healthcare training for its nursing students. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-19 Request from Drug and Alcohol Services to approve: 1) the County Plan (Clerk’s File) for implementation of Proposition 36 for Fiscal Year 2006-2007; and 2) two related service agreements (Clerk’s File) with Mental Health Services, Inc. and Gatehelp, Inc. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-20 Request from Drug and Alcohol Services to approve a budget adjustment in the amount of $22,500 from unanticipated revenue to Fund Center 162 – Behavioral Health Services/Drug Alcohol, for prevention activities. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-21 Request to approve a budget adjustment in the amount of $35,000 from unanticipated revenue to Fund Center 162 – Behavioral Health/Drug and Alcohol Fund, for HIV prevention activities. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Planning and Building Items:

B-22 Submittal of a resolution approving an amendment to the agreement for mitigations for Tract 1516 with George & Elena Regala located at 1262 Whispering Meadows Lane approximately 2.5 miles north of the community of Nipomo; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-23 Request to approve an agreement (Clerk’s File) with MRS Environmental, Inc. for environmental monitoring services associated with remediation of the Guadalupe oilfield; 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Public Works Items:

B-24 Submittal of a resolution and maps (Clerk’s File) requesting changes in mileage of maintained County Roads as required by the State Department of Transportation; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-25 Submittal of a resolution authorizing the Director of Public Works to apply for a low interest water and waste disposal loan from the United States Department of Agriculture (USDA); 2nd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-26 Submittal of resolutions to levy assessments for Flood Control Zones 1 and 1A (Arroyo Grande/Oceano Area); 4th District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-27 Submittal of a resolution accepting conveyance to the County from San Miguelito Partners for the San Luis Bay Drive Bridge Replacement Project (Contract No. 300181); 3rd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-28 Request to approve: 1) an agreement with the County Office of Education for a Cable TV Access Grant; and 2) a corresponding budget adjustment in the amount of $59,545; All Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

Other Items:

B-29 Submittal from General Services of a resolution authorizing execution of a notice of completion and acceptance for the Lopez Lake and Santa Margarita Lake Upgrade Fuel Storage Systems project (#300010). (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

B-30 Request from Information Technology to approve an amended contract with General Networks Corporation to allow for an extended timeline to complete the implementation of the Integrated Document Management (IDM) project. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

II. PUBLIC HEARINGS

   C-1 Hearing to consider an appeal by Cathy MacGregor of a decision of the Planning Commission disapproving Minor Use Permit DRC2003-00043 for a winery building including wine processing, barrel storage, and tasting room; the project is located at 1600 Old Price Canyon Road, approximately 2.5 miles south of the City of San Luis Obispo; 3rd District. (ITEM CONTINUED FROM MARCH 21, 2006.) (RECOMMEND CONTINUING THE ITEM TO AUGUST 1, 2006.)

   C-7 Sheriff  Grant Funding

   C-2 Hearing to consider an appeal by the Barre Family Trust of the Subdivision Review Board denial of their request for a Tentative Parcel Map (CO 05-0016) to subdivide an existing 5.1 acre parcel into three parcels of approximately 1.7 acres each and designate the project site as a TDC receiver site; 5th District. (ITEM CONTINUED FROM MAY 9, 2006.) (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

   C-3 Hearing and assessment election held by the Board of the San Luis Obispo County Flood Control and Water Conservation District regarding the proposed additional assessment for Flood Zone 1 and 1A; 3rd and 4th Districts. (RECOMMEND HOLDING PUBLIC HEARING AND ELECTION.)

   C-4 Hearing to consider a resolution of necessity to allow the County to acquire necessary real property through eminent domain proceedings for the purpose of extending Runway 11-29 and approach protection at the San Luis Obispo County Regional ; 3rd District. (RECOMMEND APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)

   11:15 CLOSED SESSION ITEMS

12:00 NOON RECESS

   2:00 REPORT ON CLOSED SESSION

2:05 HEARINGS CONTINUED

   C-5 Hearing to consider an appeal by Raymond Cordoza of the Subdivision Review Board’s denial of his request for a vesting tentative parcel map using the Transfer of Development Credits Program to subdivide an existing 10-acre parcel into two parcels of 5 acres each for the purpose of sale and/or development; proposed project is located at 7655 Feenstra Road approximately 3.4 miles north of the community of Creston; 1st District. (ITEM CONTINUED FROM MARCH 14, 2006.) (RECOMMEND CONDITIONAL APPROVAL OF THE VESTING TENTATIVE PARCEL MAP.)

   C-6 Hearing to consider an appeal by SDS Family Trust of the Planning Department Hearing Officer’s approval of their request for a Minor Use Permit/Coastal Development Permit (DRC2004-00125) to allow the construction of a new 4,576 square foot barn, the remodeling of an existing single family residence, and the installation of a new septic system for the existing residence; 2nd District. (RECOMMEND MODIFYING THE DECISION OF THE HEARING OFFICER AND CONDITIONALLY APPROVING THE APPLICATION.)

4:05 ADJOURNMENT

ATTACHMENT “A” CLOSED SESSION ITEMS

PENDING LITIGATION (Gov. Code, ' 54956.9.) It is the intention of the Board to meet in closed session concerning the following items:

A. Conference with Legal Counsel B Existing Litigation (Gov. Code, ' 54956.9(a).) (Formally initiated)

1. Almond Heights , LLC v. County of San Luis Obispo

2. Los Osos CSD v. Golden State Water Company

3. Gardner v. County of San Luis Obispo

4. United States of America v. ABB Vetco Gray, Inc., et al. (Casmalia Disposal litigation)

B. Conference with Legal Counsel B Anticipated Litigation (Gov. Code, ' 54956.9.)

5. Significant exposure to litigation (Gov. Code, ' 54956.9(b).) No. of cases _2_ Facts and circumstances not known to potential plaintiff which indicate significant exposure to litigation.

6. Initiation of litigation (Gov. Code ' 54956.9(c).) No. of cases _2__

CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code ' 54957.6.) It is the intention of the Board to meet in closed session to have a conference with its Labor Negotiator concerning the following:

7. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: SLOGAU

8. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: SLOCEA Trades and Crafts

9. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: SLOPPOA

10. Negotiator’s Name: Santos Arrona, Gail Wilcox
Name of employee organization: DCCA

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code, § 54956.8.) It is the intention of the Board to meet in closed session to have a conference with its Real Property Negotiator concerning the following:

11. Property Description: 4388 Santa Fe Road , San Luis Obispo Parties with whom negotiating: Roy Coffman, CB&I Constructors, Inc. Instructions to Negotiator will concern: Price, Terms and Conditions

12. Property Description: 4378 Santa Fe Road , San Luis Obispo Parties with whom negotiating: James M. and Linda Z. Sims Instructions to Negotiator will concern: Price, Terms and Conditions